Civ Pro

Question 1

Proper Service

Answer 1

FCRP 4(h)
either:
- In accordance with state law of the state the District Court is located in or the state where service is made OR
- By delivery of the complaint & summons to an office, managing or general agent of the DF

Question 2

When can a Defendant join a 3rd party defendant?

Answer 2

FCRP 14(a): Only when the original defendant is claiming the 3rd party is liable for some or all of the original claim

Question 3

Supplemental Federal Jurisdiction

Answer 3

Same case or controversy,
significant overlapping facts
legally linked

Question 4

What Rule governs sanctions?

Answer 4

Rule 11

Question 5

False denials of fact or law in a pleading can result in

Answer 5

Rule 11 sanctions, if no good faith evidenced by pre-filing inquiry, and opposing party gave them notice to cure the defect, and 21 days have passed from that notice

Question 6

What sanctions may the Court impose?

Answer 6

Broad discretion; intent is to deter this conduct in future by atty or others, can include the reimbursement of opposing council fees related to the conduct

Question 7

Who may the court sanction?

Answer 7

Generally: The party, their attorney, and the attorney’s firm, If $$$ only attorney or firm